Las Vegas Injury Lawyers Blog

Written By Las Vegas based Law Clerk: Robert Maxey (Las Vegas, Nevada)

Recently, Starbucks was sued over alleged violations of California's employment law. The case is a class action suit, which covers Starbucks employment practices within the state. Allegedly, Starbucks, within California, neglected to pay workers for their overtime hours worked, and for the minimum wage they should have received. The main accusation against the popular company is that they have not been paying for employees while they were being trained "off the clock." According to California law, employers are responsible for paying employees who are working regardless of whether or not they are clocked in.

Corporations and large business are viewed as economically good, because they are efficient at reducing cost via reducing redundancy. However, with big business comes increasingly more power and influence that business possesses. This private interest can interfere with the public interests of government. The last thing we want in our free nation is to have our freedoms revoked in favor of corporate dictatorship. It is here where the government best serves the people by establishing a set of laws that it enforces.

When corporations attempt to cut legal corners to create higher profits, they are jeopardizing democracy. We as a people have voted and established what was fair for corporations and what was fair for workers. A healthy society is one that is mutually beneficial to both parties involved in an agreement. When one party unjustly benefits while the other suffers we mimic the actions of a dictatorship.

The regulations we have in our country are important to keeping our economy working like a well-oiled machine. Laws act as gears while human ingenuity and passion for success act as the engine. It is this writer's belief that, when our protective laws are upheld and we are passionate for success we benefit the most from our society.

A full article can be found here: Starbucks Hit with Large Wage & Hour Class Action Lawsuit by the San Jose Employment Attorneys at Blumenthal, Nordrehaug & Bhowmik

Continue reading "Overtime Pay Is Required In Some Cases" »

Written By Las Vegas based Law Clerk: Robert Maxey (Las Vegas, Nevada)

In Nevada, having a dream and living it are two very different things. It takes courage and determination to make your dream happen. For many people, we never get to see our dreams come true or even have the chance to experience them. For others, they refuse to give up until they achieve their goals. We live a life of privilege and opportunity within the United States where most dreams are within reach if we work hard enough. Many countries around the globe do not have this support system or opportunity; if you are born destitute you may be forced to stay that way until you die.

Large quantities of people seek to immigrate to the Untied States legally every year through visas and citizenship. However, the United States, and particularly Las Vegas, offers so many opportunities that people are willing to risk their lives in order to live here. Illegal immigration has been on a steady rise for years and many individuals who come here do so at their own peril risking assault, abuse and death.

Those who immigrate to Nevada legally and illegally still face similar challenges once in the United States. Language barriers can create an inequality whereby immigrants can be taken advantage of. In neighboring Southern California, where many immigrants from Central America live, employers are attempting to unionize an industry that exploits both legal and illegal immigration. The industry in question is the car wash industry.

Recently, Tomas Rodriguez of Hidalgo, Mexico, was awarded $80,000 by the Los Angeles County Superior Court for back wages and damages. His suit described a tyrannical system whereby immigrants were taken advantage for being ignorant of their rights. In his suit, he alleged he was forced to be at work hours before he was actually allowed to clock in. He described the carwash industry as a corrupt one where immigrants are often hired below minimum wage, forced to work without full pay for hours worked and in some instances forced to work only for tips.

Rodriguez said that after workers were hired to work only for tips, his hours were cut so severely that he couldn't afford to eat or pay rent. He relied on collecting cans and bottles like many homeless do in order to make ends meet. In his suit he alleges the owners used strong-arm tactics and threats to scare employees into obedience.

People come to America because we are the land of the free. Employers that exploit and abuse people need to be held accountable. Since the industrial revolution, the United States has made giant strides in the enactment and enforcement of labor laws. The purpose is to eliminate and remove servitude and wage slavery. Many times, the only remedy is take the employer to Court. In Nevada, government agencies are backed up for years. Such a delay can basically make a claim meaningless and a waste of time. Oftentimes, an attorney can help by pushing the case to an extent that a trial happens sooner if that matter does not settle early on.

A full article can be found here: Ex-carwash worker wins $80,000 lawsuit over labor violations

Continue reading "Nobody Should Work for Free" »

Written By Las Vegas based Law Clerk: Robert Maxey (Las Vegas, Nevada)

Guns have played a significant role in establishing peace through force since they were first invented. Law officers and the military have come to rely upon them through our modern era. However, not every confrontation requires the use of a handgun, and efforts have been focused to producing weapons that are nonlethal. The most common form of these weapons has been Tasers, and pepper spray. These weapons are intended to offer a safer alternative to the destructive power of guns. However, with any weapon used against someone, there is always a potential for inflicting unintended pain, or death. A verdict of $10,000,000 has been awarded against Taser International to the family of a teenage boy who died at the hands of a "nonlethal" weapon.

The boy had been working at a store, when he entered into an argument with the store manager. The store manager instructed him to leave, and unwilling to cooperate, began throwing displays upon the ground and shouting. When a police officer arrived the boy did not stop his disruption, and the officer wielded his Taser. Next, the officer began to stun the boy with thousands of volts of electricity, for a period of no less than 37 seconds, according to video footage.

An autopsy revealed that the boy's heart had stopped functioning correctly, and was not pumping blood normally. It also revealed that this was due to the shock, the boy was experiencing from prolonged exposure to the Taser. During the case of the trial, Taser International tried to make claims that this was a result of a preexisting heart condition, but the autopsy found no evidence of this.

The family of the boy filed a wrongful death claim against Taser International and the city of Charlotte. The police officer that was responsible for killing the boy had not followed proper procedure for using his Taser. This resulted in new classes and training, being administered to all police officers in the appropriate use of a Taser.

Taser International was convicted by a jury for not warning those who use Tasers about the dangers of placing a Taser on the chest. For its defense Taser International claimed that studies revealed no increase of danger by placing a Taser on the chest. This, however, seemed to be in direct conflict with the findings of the autopsy report.

While nonlethal forms of keeping the peace can offer better solutions to guns, we must be sure they are in fact nonlethal. Carrying a weapon, that can cause death if used incorrectly, is effectively allowing people to be killed for minor infractions of the law. It is handing out a death sentence for shop lifting, disturbing the peace, or similar misdemeanors. Nonlethal weapons are required to meet a standard of safety, which was not met in this case. No family should have to suffer a loss like this.

Full information the story can be found here: Teen's family wins $10 million Taser verdict

Continue reading "$10,000,000 for Lethal Taser Incident" »

Written By Las Vegas based Law Clerk: Robert Maxey (Las Vegas, Nevada)

When I was little, I was taught that sticks and stones may break my bones, but words will never hurt me. While comforting as a child, this is sometimes not the case as a Las Vegas adult living, in a vibrant and sometimes ugly, world of communication. Words have amazing power and can change the course of someone's life. However, this power is not found in the word, but rather from the person who is communicating the message. The message that is being transmitted when we communicate with words is filled with our thoughts and emotions. It is a child's folly to believe that what people think about us does not matter.

For better and for worse, we are subject to people's opinions. They can carry us through tough times or push us directly into them. It is for these reasons that jokes, snide remarks, and harassment can have a real impact at the work place. However, sexual harassment may have a greater impact, being that it is often harassment regarding a sensitive nature. When executives in charge participate in sexual harassment, the damage can be much worse.

A sexual harassment case has been settled in favor of Londi Lindell for $1,000,000. Lindell worked as the Mercer Island Deputy City Manager for several years. In her legal claims, she alleged that City Manager Rich Conrad fired her because of her objection to how he conducted a disciplinary matter. Further, she claims that several employees of the city participated in inappropriate behavior and jokes regarding human anatomy.

Lindell's case was settled with the city's insurer. Under the settlement agreement, Lindell work records will say that she resigned from office, she will receive a letter of recommendation, and the city will pay a job search firm to find a new job for her. Lindell says the reason she sued, was because of the careers of those who had to work within the conditions at the city.

While the parties worked out a solution in this particular case of sexual harassment, it has not alleviated the problem. Sexual harassment is a form of actual pain that causes actual suffering. When people are forced to work within these conditions, they are being forced into a form of torture. Sexual Harassment is actually a form of sex discrimination (see What's Wrong With Sexual Harassment?). Preventing sexual harassment is not just a good thing to do, it is the right thing to do.

A full article can be found here: Former Mercer Island official settles harassment suit for $1M

Continue reading "$1,000,000 For Sexual Harassment" »

Written By Las Vegas based Law Clerk: Robert Maxey (Las Vegas, Nevada)

The Freedom of Information Act (FOIA) passed in 1966 and required our government to be transparent and more inclusive. The act allowed for citizens to have access to public information and be given it at minimal costs upon request. These laws were, however, restricted to the power of the federal government and states soon adopted similar laws.

With an eye toward the FOIA, states pursued new laws providing for an open and honest government. From the 1960's forward, Open Meeting Laws began showing up in every state. In 1977, Nevada developed some of the strictest requirements of any state for an open government. The Nevada Open Meeting Law (which falls under NRS 240) introduction provides that, "[i]n enacting this chapter, the legislature finds and declares that all public bodies exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly."

The seriousness that Nevada placed upon meetings being available to the public has played a role in the outcome of many governmental decisions. Unlike other states, that may have weak open meeting laws, Nevada offers healthy cures to those who disregard the law. Criminal charges may be sought against those who have violated Nevada Open Meeting Law. Further, the Office of the Attorney General of Nevada has to the power to void decisions made at unlawful meetings. This power has been wielded to bar countless decisions subject to the Nevada Open Meeting Law.

While these powers offer teeth to the Nevada Open Meeting Law, the recent passage of AB59 has given even more firepower to the Attorney General. AB59 expanded upon and clarified the requirements needed to conduct an open meeting. Some of these clarifications required more notifications to be added to the agenda of a meeting. These include,

"Notification that:
(I) Items on the agenda may be taken out of order;
(II) The public body may combine two or more agenda
items for consideration; and
(III) The public body may remove an item from the
agenda or delay discussion relating to an item on the agenda at any time."

More importantly AB59 has allowed for a fine of up to $500, to be assessed against officials who knowingly attend a meeting that violates the law. Additionally penalties like this, will likely result in a decrease in the number of violations that occur each year.

While it is efficient to have elected leaders perform administrative duties without always having to answer to the public directly, it is crucially important that officials stay connected with the public and hear their concerns. A democracy functions best when those who represent us are easily reminded of who and what they are representing. Current Open Meeting Laws allow for this to happen.

Full information about the bill can be found here: AB59

Information regarding Nevada's History of Open Government can be found here: Open Government

Continue reading "AB59 Changes in Nevada Open Meeting Law" »

Written By Las Vegas based Law Clerk: Robert Maxey (Las Vegas, Nevada)

"Equal pay for equal work" has been the mantra for woman's work since the start of the feminist movement. In our current world, women are still making less than men for the same type of work. Women are only earning 77.5 cents for every dollar a man earns. Further, women who work harder to receive higher education levels actually have even more of a disparity in wages earned compared with men. This obviously doesn't seem fair when we have such a long history in our country fighting for what is right and just in the world. What is an even more staggering statistic is that in 99% of all occupations a woman has to choose from, they will make less than men.

These kinds of statistics and facts seem to fly in the face of reason and good faith. Recently within the city of Detroit, allegations have been made against the Detroit Water and Sewage Department on sex discrimination. The former director, Pamela Turner, had earned a salary of $130,000 when she first started working there. Although this seems like a healthy salary, she was in fact making approximately $100,000 less than the previous two directors who were male.

Turner, after receiving recognition for her hard work and pushing for a pay increase, was eventually was given a raise to $155,000. Despite this raise, it still paled in comparison to the $240,000 that her predecessors made. She eventually put in her resignation allegedly due to the refusal of the city to compensate her adequately. She claims that, after her resignation, the city has posted listings for her replacement at a compensation of $230,000.

That alleged facts of this case are indeed shocking. To this writer, it seems like an obvious case of sex discrimination; former and future heads of the department will be making around the same amount of money while Turner was paid considerably less. When they attempted to give her a raise, it was a paltry amount, possibly to appease her desire for equal pay.

The government and state agencies should always be leading the way in fair employment practices. Additionally, we hold the officials of our cities to a stricter code because we expect that as keepers of the city they will follow our laws. If people perform equal work then they should be receiving equal pay. To hold similar work to different standards, solely because of the sex of the person performing the work, deteriorates our system. If people are treated fairly, they will usually be happier than if they are discriminated against and happier workers are more productive. The system works as long as we work within the system.

A full article can be found here: Former Detroit water chief sues city, alleging pay discrimination

Continue reading "Equal Pay for Equal Work" »

Written By Las Vegas based Law Clerk: Robert Maxey (Las Vegas, Nevada)

In Las Vegas, we are guaranteed the right to work. At first this may seem like a readily accepted idea but when considering many countries prevent people from working, on the basis of discrimination, the reality of our privilege sinks in. We have progressive laws that allow individuals the liberty to pursue work and happiness. In Nevada, equity is a cardinal principal and treating others with the same respect, as everyone else, is essential. We may not all be born of the same race, religion or economic background but we interact on a level playing field.

The Nevada Department of Employment and Training, along with the EEOC, is like a referee patrolling this playing field and guaranteeing the rights of workers. When Nevada and federal authorities come across illegal practices, they intervene and step in to give Las Vegans a fair chance at enforcing their rights. Recently the EEOC hit a grand slam with its largest settlement regarding the Americans with Disabilities Act against Verizon Communications. Verizon has agreed to pay $20,000,000 in order to dismiss claims made against it by the EEOC.

Verizon has been firing employees who accrued a certain number of missed days a year regardless of the cause or reason. The system Verizon implemented was structured so that employees would earn a certain number of points on each absence. Once an employee had received so many points they were eligible for disciplinary action or termination. However, the EEOC says that such a policy is too broad and does not accommodate for individuals with disabilities. Verizon replied to the suit by saying it was settling to avoid further legal costs and that it feels it went above what was expected by law in its policy. It also said it would incorporate the concerns of the EEOC into its new company policy.

This is not at all uncommon in the field of law where it is not necessary to know the law in order to be found guilty of violating it. Verizon alleged that it intended to develop a generous absentee program for its employees allowing them more flexibility. Despite this avowed intention, the company was pursued for allegedly not addressing the needs of the hundreds of disabled employees who were fired due to the policy.

Every business requires some sort of oversight and accountability. The job of the Nevada Department of Employment and Training and the EEOC has guaranteed the rights of hundreds of thousands of workers who work for Verizon Communication. This however, would not have been possible had a couple employees from Maryland not filed charges. Your rights are important and legal counsel should always be sought when justice is at stake.

A full article can be found here: Verizon to pay $20 million to settle discrimination suit

Continue reading "Verizon Communications Pays $20,000,000 for Violating the Americans with Disabilities Act" »

Written By a Law Clerk for Parker Scheer Lagomarsino:
Robert Maxey (Las Vegas, Nevada)

The American dream has always been the fuel of our nation propelling us forward. The idea that anyone could become successful, regardless of his or her background, has sparked almost every venture within our nation. It is this dream that has lead people to toil hard and work to build a name for themselves. We have grown to rely upon the American dream and it is expected if we work hard enough we will be rewarded proportionately. The dream is not just a part of our country; it is the soul of our country.

When attacks are made against the American dream we are inspired to defend it and see that justice is served. That is exactly what has happened in Hamilton County Court where an award of $14.5 million dollars was issued to Joseph Radcliff and his company CPM Construction of Indiana. His company had been involved in a lawsuit against State Farm on allegations that they had been defamed. During a hailstorm in 2006 CPM had been hired to perform repairs. However State Farm, the insurer of those homes, denied claims for damages that were made. This resulted in the insurer receiving bad publicity and prompted an attack against CPM.

Insurance fraud and racketeer influenced and corrupt organizations claims were pursued and initiated by State Farm against Radcliff and CPM in a court of law. However, the felony charges had no factual ground to be made and held no water. Marion County Prosecutor dismissed the claims. Unfortunately the damage had already been done to the reputation of both Radcliff and CPM. CPM was unable to stay in business and failed.

This was a true story of David versus Goliath. CPM Construction was a small respectable firm whereas State Farm was the nation's largest insurance provider. State Farm had used its power and influence to drive a small business out of the market and ruin Joseph Radcliff's reputation. It was through the court system that a small business owner was able to stand up against false accusations and be vindicated.

Joseph Radcliff had built his business upon the American dream and invested his time and energy to the success of his business. To deny anyone the right they have to profit from their hard work is un-American and unjust. We the people must stand against those who would abuse their power and influence. The court system can bring the needed justice for a person to receive closure from an illegal act. As Joseph Radcliff can testify, the courts keep the American dream alive and well.

A full article can be found here: 14.5 Million Dollar Jury Verdict Awarded Against State Farm Insurance

The Las Vegas office of Parker Scheer has previously sued insurance companies engaged in bad faith practices. One such insurance company was American Family Insurance. Andre Lagomarsino took American Family to trial and prevailed. The judge and jury combined to award Mr. Lagomarsino's client over $200,000 for the denial of an underinsured motorist claim. Our office has also sued other insurance companies for their bad faith misconduct.

Continue reading "The American Dream is Alive and Well
Small Business Owner and His Trial Lawyers Hammer State Farm For Millions of Dollars" »

Written By a Law Clerk for Parker Scheer Lagomarsino: Robert Maxey

The reason corruption is so lethal is because its premise is in direct opposition with the foundation of government. Governments serve the people whereas corruption is self-serving. The conflict of interest is obvious. In economics, growth and prosperity within a country is often tied to what is called the rule of law. The rule of law means that no one is above the law and the enforcement of it relies heavily upon how corrupt, apathetic or negligent a country is in enforcing its laws. It is therefore that an act of corruption is not just a moral tragedy but is in fact an attack on our purses and our prosperity. With an economic and moral interest in mind, the need to preserve moral rectitude is essential to our personal success.

The following facts have been alleged in a recent civil rights lawsuit:

On August 3rd, 2009 it has been alleged that police officers assaulted, accosted and accused LaMonte Simmons without cause and without reason. The officers had arrived at Simmons' neighbors house and put a boy who outside into a headlock. The boy's mother inquired as to why her son was being held and they threw her against a wall and held her there by pulling her arm behind her back. Simmons' who thought the force was unnecessary started complaining and he was instructed by officers to leave. After more police showed up however Simmons was confronted by an officer who put on his gloves, walked up and punched him across the face. A group of about ten officers then came up and beat him. Afterwards Simmons was arrested on charges of assaulting an officer and obstruction of justice.

What makes this incident so shocking, if proven, is that it plays out like a run of the mill gang attack, except the gang in this violent assault was the police! To add to the outrage, it is believed that the violence in this encounter was never reported by other officers present and no police officer was disciplined.

When the government has a monopoly on the use of force, those with whom we trust to use that force must do so appropriately. Our rule of law cannot protect us when malicious corruption, commonly found in third world nations, is running rampant in the United States. The state has an immediate responsibility to resolve the unraveling of our civilized society. An important point to make is that this level of corruption should never have arisen. Safeguards and policies should have been adequately placed to protect the citizens from such flagrant anarchy.

As was stated earlier this is not just a moral issue, it is an economic one that our country is reliant upon. We cannot thrive if people cannot trust our government and we live in fear of it. The result of the lawsuit that Simmons' has filed will hopefully bring the necessary changes. If it does not history will repeat itself and we will have a new tragedy to besmirch our government. People will graciously be given the opportunity to re-contemplate what had gone wrong.

A full article can be found here: Suit claims Chicago police punch first 'and ask questions later'

Continue reading "Alleged Corruption in Chicago Civil Rights Case" »

Written By a Law Clerk for Parker Scheer Lagomarsino: Robert Maxey

As time has progressed in the United States equality and freedom has grown to numerous Americans. From the day we first declared our independence from the British we have worked to provide the same level of rights to all citizens of our country. In 1865 slavery was ended with the 13th Amendment to the constitution, while in 1964 the Civil Rights Act was passed which provided equal treatment regardless of race, religion, gender or ethnicity and in 1990 the Americans with Disabilities Act afforded similar protection as the Civil Rights Act to Americans who were faced with a mental or physical impairment that substantially limited a major life activity. With such great strides made in equity and freedom the duty to protect these rights becomes not only the responsibility of the government but also that of the public.

Public education acts as a safeguard for these progresses by ensuring that all children receive the benefits. The department of education provides for a majority of children within our country and nurses them until adulthood. If we think about it the government is responsible for our children's lives approximately seven hours of every weekday (excluding summers and holidays) for twelve years. Trusting the government to do a good job can be a difficult task for some but often times we submit thoughtlessly and without a fight.

Our own children are the most precious things we have, they are our pride and our joy. Causing our children injury or pain by making the wrong choice can torment a parent for a lifetime. Naomi Garay experienced some of this horror when she discovered what had happened to her daughter. Her daughter Daisy Garcia was meant to attend Leake & Watts Elementary on a bus that services children with disabilities. What happened instead was that her daughter was removed from the bus by force at Public School 14. She tried pleading with the driver explaining that it was not the right stop but the driver did not listen. When the girl fell after being lead off the bus after she pulled herself back up the driver began dragging her again. The girl was left in the school lobby where she cried her eyes out until being discovered.

This kind of behavior is tragic and raises numerous questions about public policy and procedures regarding education. We have come so far to provide new freedoms and opportunities for our children and abuses like this are taking them away. The busing system for disabled children, of all places, should be the least likely to experience this kind of anguish. When investigations began it was discovered the busing company contracted by the department of education may not in fact be providing certified drivers.

With so much trust and power given to our government we must ensure that our society is as free as it was meant to be. The lawsuit that has been filed by the family will hopefully grant some relief to Daisy Garcia, who since the incident has been forced to increase her medication that treats her emotional disorders. While her mother's faith may never be returned in public school system it is the hope that appropriate measures will be taken by the department of education to protect our children in the future

A full article can be found here: Girl dragged off bus, left at wrong school by cruel matron, lawsuit charges

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been injured or unjustly suffered abuse from the government and would like to be represented by a great Las Vegas Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

The all American game of gridiron football has been around since before the 1900's when it developed from the game of rugby. At its start up American football was a dangerous sport that killed dozens of its players every year. With new rules and regulations implemented in the early 1900's football reduced its death toll and it established itself as an all American sport within the college community. Collegiate bowl games would attract people from all over the nation to come and watch and this has not changed much since our modern times.

Bitter rivalries have been forged in college football and add fuel the college spirit. Competition is fierce and students must train hard if they are to make the team. Often recruiters are sent out and athletics scholarships are offered to students to persuade them to play for the school. There is a lot of money to be made in college games too but it is the university that reaps the benefits. College football coaches can earn salaries in the millions and their salaries are frequently well deserved for the money they earn the school.

It has been the fantasy of many youths to play football in college. For some it is their shot at making it into the NFL while for others it is their opportunity to attend college. Ereck Plancher was a student at UCF who was lucky enough to play football; he was living the dream. As an honor student who made sure to stay involved with his family he was well loved. What happened to Ereck was that during an intense football practice that was meant as a punishment he collapsed from complications brought on by sickle cell trait. Fellow student football players knew how rigorous the training was and attempted to help him out. The tragedy of this situation comes when the students were instructed not to help him out. Further, athletic training staff were also not instructed to help him out. It was discovered through testimony in the trail that his death could have been prevented if he was treated within a timely manner. UCF Athletic Association was found negligent and Ereck's family was awarded $10,000,000.

What happened here was the pressure to win became so strong that it drove someone to cruelty; in this act of cruelty a young man who made his family proud was killed. Still heart broken at the loss of their son they say the trial was important because it told them what happened to their son. They had been left in the dark about the day their son died and the Plancher family says the real justice in this case was that they had a fair trail. Ereck's father says that within his home country they would not have received a fair trail.

A full article can be found here: Ereck Plancher trial: Parents of UCF player say jury awarded them justice

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been injured or lost someone at the fault of another and would like to be represented by a great Las Vegas Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400

Written By a Law Clerk for Parker Scheer Lagomarsino: Robert Maxey

Frequently, officers who break the law are sometimes held to lower standards than everyday citizens. The first reason is that often law enforcement escapes punishment by saying they were acting within their duty. A second reason is that law enforcement officers are a close-knit community and many officers refuse to report or arrest each other for crime. Perhaps a third reason could be that a judge or a jury automatically appoints more credibility and flexibility to an officer simply because they are an officer.

For whatever the reasons may be, officers frequently receive less severe penalties and punishments than if a member of the general public had committed the same act. This lower standard of punishment is in direct conflict with the purpose of punishment, which is to reduce crime. A stricter sentence and higher standard develops a healthy law enforcement environment of accountability. When people are allowed to get away with a crime or reduced punishment, laws lose their effectiveness and purpose for existing.

On New Year's Day of 2009, an unarmed man was killed by a BART officer. The man was an African American by the name of Oscar Grant III who was a butcher at a local supermarket. A fight had started in the rail car he was in that did involve him. He was laying flat with his face to the ground when he was shot and killed by the officer. When the officer went into court he claimed that he thought he had pulled out his taser instead of his pistol. The court convicted him of involuntary manslaughter and he was sentenced to two years, however he only served twelve months before he was released. His mother has just settled a civil rights case against BART for $1,300,000.

Numerous problems and questions arise within this case. The first thing to understand was that the officer was white and underlying racial tensions could have played an important role. The most obvious question is how an officer could confuse his pistol for his taser. Certainly a man lying on the ground would not have warranted such a quick response that he could not see he was wielding a gun before he pulled the trigger. A more important and crucial element is even if we allow the officer to have made an honest mistake, the reason for wielding a taser in the first place is unclear. One logical assumption would be that an officer intended to use excessive force against a man who had his back to him and was on the ground. Either way the story is spun, the officer cannot escape that his actions were not in accordance with the law or what is to be expected of an officer.

In this writer's opinion, if a private citizen had done the exact same thing, more serious consequences could have been expected. Releasing those who we should hold to a higher standard early and providing them with reduced punishments sets a bad example of what we want from law enforcement. Our actions should say that we want more, never less.

A full article can be found here: BART settles in wrongful shooting

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been injured or unjustly suffered brutality from the government and would like to be represented by a Las Vegas Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

Written By a Law Clerk for Parker Scheer Lagomarsino: Robert Maxey

The United States enjoys a high level of intellectual property law and its enforcement. We can afford some success of our country to intellectual property law, which is essential to the progress and movement of our economy. Copyrights and patents allow for people to proceed with their business without worrying about having their ideas stolen. This area of the law provides a safe haven and foundation that is necessary if society is to build itself up.

In countries that have weak intellectual property rights or enforcement, many people are discouraged to come up with new products. The logic, which is easy to follow, is "If I develop a new product or a new idea, someone can easily steal it and I will be put out of business." Weak patent laws therefore compound the problems of emerging nations, which wish to be competitive in the global economy.

Recently Orrin Lynn Tolliver was awarded $1,200,000 in a lawsuit regarding his intellectual property. Tolliver is a disc jockey and a former rap artist who had worked with a friend, James McCants, to produce a song called "I Need A Freak." After the song had been completed it was registered with BMI and Tolliver was given credit as the songwriter and was to be paid 75% of royalties. Despite this agreement, the song was released on a compilation titled "In Da Beginning...There Was Rap" which induced Tolliver to issue a cease-and desist letter. However, McCants said that he had not issued a license for the compilation. Tolliver's song was then sampled by the Black Eyed Peas on their song "My Humps." It was this act that forced Tolliver to sue McCants for copyright infringement.

During the case McCants frequently changed his story about the reasons for why he had not issued the 75% of royalties that he had promised. He tried to say he owned the song, that he didn't issue a license and finally that the song was never sampled to begin with. The judge rule in favor of Tolliver and a jury awarded him $816,877.28 for profits and $368,704.31 for copyright infringement.

It only makes sense that if you make or produce something then it should belong to you. This is the premise of intellectual property law and it hold the most true when another is profiting off of your work. Frequently people have their ideas and work stolen and as decided by a judge McCants was exactly guilty of this. It is unethical to take someone else's work and receive the benefits for yourself but fortunately within our country it is also illegal and there are legal remedies to receive what you are justly owed.

A full article can be found here: DJ wins $1 million in lawsuit over "My Humps" song

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has a business related dispute and would like to be represented by a Las Vegas Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400